After six years of waiting, the Pentagon has rushed trials at Guantanamo to seek to achieve convictions of high value detainees before the fall elections. Many, including myself, have argued that the rush is to try to rescue Bush's dismal record of prosecuting the "War on Terror" and benefit GOP candidates at the polls.
Yesterday, in a capitulation to defense lawyers and a step away from injustice, the Judge presiding over the Guantanamo tribunals decided to slow down the rush to prosecution to hold individual hearings of the accused to address irregularities.
The Pentagon, surely acting at the Administration's behest, has established a military commissions trial schedule and structure designed to achieve Capital convictions of a group of 5 detainees in time for the November elections.
With respect to scheduling, the Pentagon sought a trial calendar with jury trials beginning September 15, 4 days after the 9/11 anniversary and 6 weeks before the elections. Conviction will come quick once trials start. Each of the 5 "high-value detainees" has asked to fire his lawyers and they are eager for martyrdom.
Thus, until yesterday the Government had a perfect coalescence of a desire to convict in time to try to influence the elections and 5 eager martyr-accomplices seeking their own quick death.
Not so Fast
Yesterday, the tribunals judge, Marine Col. Ralph Kohlmann, announced individual hearings to address irregularities pointed out by defense lawyers, who are valiantly trying to ensure the detainees have a fair trial.
At issue was a question of mental competence of one of the suspects, Ramzi bin al Shibh, and a question of whether KSM was allowed to communicate with the 4 other detainees to use intimidation to keep the group lawyer-free and headed for quick martyrdom without any defense.
Judge Kohlman agreed to a mental competence exam for al Shibh and individual hearings to address the KSM intimidation question, and the Law and Discovery process was scheduled for September 25, 2008 (This is a delay from the Pentagon's goal of Mid July for discovery).
This means:
- The judge is taking a step away from the rushed show trial schedule sought by the Administration- indeed, with these hearings, it is almost certain that the jury will be unable to hear the cases before the elections.
- The judge is addressing trial irregularities as a bow to justice. While this in no way indicates the process is fair or that the detainees will get fair trials in the military system, it is a step in the right direction.
Analysis
Overall, this is a small step toward justice in an overall flawed process. It will not end the show trials, but does delay them. As an electoral matter, this means that the GOP will almost certainly not get their desired "convictions" in time to influence the election, and that the martyr wannabes will not get their wish to die quickly at the hands of the kangaroo court.
In other words, yesterday was a good day for Justice at Guantanamo, and the Administration and GOP are clearly going to be disappointed with this.